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ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 21 ) is accepted. IT IS FURTHER ORDERED granting Respondent's Motion to Dismiss (Doc. 18 ), and dismissing petitioner 9;s Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 10 ) without prejudice. The Clerk shall terminate this action. Having considered the issuance of a Certificate of Appealability, the Court FINDS: Certifi cate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Judge Neil V Wake on 3/9/16. (KGM)

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